MR LAXMI NARAYAN PADHI, PRESIDENT… The factual matrix of case in brief is that, the so called complainant was a subscriber of opp. parties bearing telephone No.82701-55555 since 3 to 4 years. The complainant contended that he has procured the Unique number from Airtel Telecom through auction by paying Rs.7999/- then after use of just 2 to 3 months he preferred to portable the number to Reliance Telecom i.e. the above OP.s with great hope of good services. As such the complainant subsequently used the number for long 3 to 4 years uninterruptedly and he also provided the number to all his relatives, friends, official colleagues, near and dears etc. But since 1st week of March'16 he noticed that the said number did not connect to others. Without delay the complainant complained to the local authority i.e. OP.no.1 on dt.13.03.16 and averred the facts who tried to deliver the present status of the number and on dt.19.03.2016, the OP.1 orally intimated the complainant that the number has no more active mode and he advised the complainant to contact the OP.no.2 & 3 to obtain the details status of the number. As per advise of OP.1 the complainant approached to other OP.s customer service through toll free number on dt.26.3.16 at about 12.25 p.m. and requested to restore the number as the number was too important for his day to day life and profession and all the relatives, friends have the number, and sudden interruption of the number inflicted the complainant to great unrest, humiliation, mental agony and losses. He further submitted that the number itself stopped without prior any intimation/message or notice earlier or later by the OP.s to the complainant. The complainant had procured the unique number from the OP.s and the cause of action arouse at Nabarangpur. The complainant several times approached the OP.s through their toll free customer service and requested to restore the number but neither of the OP.s heard his request nor restored the number to his name which amounts to gross negligence and deficiency in service. The action of OP.s nothing but highhanded, arbitrary and unfair practices to which act the complainant inflicted great mental agony, financial losses, hence he craves the leave of this Forum and prayed for justice. So the complainant prayed before the Forum to restore the unique number immediate inter alia allow a sum of Rs.1,00,000/- as compensation which includes the litigation cost towards the deceptive and unscrupulous practices of OP.s
2. On the other hand the OP.s neither appeared on call nor filed any counter despite several adjournments allowed to them since admission of the case. Hence the OP.s set ex parte as provisions contemplated in Sec.13(2)(b) of C.P.Act.1986. The complainant minutely heard the case at length and perused the record. Submissions considered.
3. The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.
4. From the whole contentions, it is found that the complainant has procured the unique number 82701-55555 through bidding from Airtel Telecom and after 2 to 3 months of its procurement he portable the number to Reliance Telecom and used the same for long 3 to 4 years. That all of a sudden during 1st week of March'2016 the number in question itself unfunctioned /deactivated without prior any intimation through phone or message, notice or persuasions by the OP.s to the complainant. Hence for few weeks of deactivation the complainant was unable to contact his near and dears, as thus the complainant inflicted such losses and valuable times in his profession which could not be evaluated in terms of money, hence under compulsion he craves the leave of this forum and filed the instant case and prayed for compensation. The Reliance Telecommunication guided under TRAI, the statute of Government of India and being a largest telecom Company of India should responsible to render lenient service to its consumer/subscribers, but in the instant case it reveals that, despite of several approaches, the OP.s did not cared to render any service to the complainant or think proper to reply the show cause of this forum.
5. From the above discussions and perusing the submissions by the complainant, we are inclined to rely the contentions of complainant. It is further noticed that, despite service of notice of this forum the OP.s are failed to take any initiations to settle the matter of complainant, hence we feel that the action of OP.s is unscrupulous, illegal and unfair which amounts to deficiency in service, hence found guilty under the provisions of the C.P.Act 1986, as thus the complainant outrightly entitled for compensatory relief from the OP.s.
6. The OP.s through their deceptive advertisements and presentations has been prying the innocent customers of their hard earned money in a social welfare state, and in the glaring eyes of the law, it is as amenable as an offence, deserves heavy impounds upon. Provisions of C.P.Act 1986 for grant of compensation are a species developed from the law of Torts, price factor in calculating the damage for any loss in tort is subsidiary, the prime factor to consider is mental agony, harassment & negative social impact. An exemplary damage, should serve the purpose of hindering these absecue and unscrupulous traders continuing such unfair trade practices duping innocent customers. However we allowed the complaint against the OP.no.3 with cost.
O R D E R
i. The opposite party no.3 supra is hereby directed to pay the cost of unique number i.e. Rs.7999/- (Seven thousand Nine hundred & Ninety Nine) only inter alia, to pay Rs.25,000/-(Twenty Five thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant for such deceptive, unscrupulous practices, deficiency in service and willful negligence.
iii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 27th day of June' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
